Terms & Conditions
Referral Program Terms and Conditions
Effective Date: December 2, 2024
1. Introduction
These Terms and Conditions ("Agreement") govern the relationship between Velocity Sellers Inc. ("Velocity Sellers") and the affiliate partners ("Referring Party") participating in our Referral Program through Referral Rock.
2. The Company
Velocity Sellers Inc. (NY)
Address: 12 Pond View Court, Jericho, NY 11753
Velocity Sellers Inc. (NV)
Address: 401 Ryland Street Suite 200-A, Reno, NV 89502
3. Non-Exclusive Referral Relationship
Services Offered: Velocity Sellers provides E-commerce management services ("Services").
Qualified Leads: Referring Parties may introduce prospective customers seeking E-commerce management services who are not already known to Velocity Sellers ("Qualified Leads"). A lead will be considered a Qualified Lead unless Velocity Sellers notifies the Referring Party within seven (7) business days that the lead is already known.
Qualified Customers: A Qualified Lead that purchases Services becomes a "Qualified Customer."
Acceptance of Leads: Velocity Sellers reserves the right, at its sole discretion, to accept or reject any prospective customer introduced by the Referring Party.
4. Referral Fees and Payment
Commission Rate: Referring Parties will receive a commission ("Referral Fee") of a defined % of all amounts paid by a Qualified Customer for Services, less any applicable taxes and fees.
Commission Period: Commissions are payable for a period of one year from the Qualified Customer's initial purchase date.
Payment Schedule: Payments to Referring Parties will be made within thirty (30) days of each payment received from the Qualified Customer during the Commission Period.
Termination of Services: If a Qualified Customer terminates Services, the Referral Fee will cease with the termination. Any Referral Fees already earned will remain payable under the terms herein.
Chargebacks and Refunds: If a Qualified Customer successfully issues a chargeback or if a refund or credit is provided by Velocity Sellers after payment was collected, the Referring Party is responsible for returning any associated commissions to Velocity Sellers. Velocity Sellers may deduct such amounts from future commission payments.
5. Relationship of the Parties
Independent Parties: The relationship between Velocity Sellers and the Referring Party is that of independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.
No Authority: Referring Parties have no authority to bind Velocity Sellers to any agreement or obligation.
Expenses: Referring Parties are responsible for all expenses incurred in connection with their referral activities.
Taxes: Referring Parties are responsible for reporting and paying any applicable taxes on Referral Fees received.
6. Limitation of Liability
No Indirect Damages: Neither party will be liable for indirect, incidental, consequential, special, or exemplary damages arising from this Agreement, including but not limited to loss of revenue, profits, or business opportunities.
Liability Cap: Any liability under this Agreement is limited to the amount of Referral Fees received by the Referring Party.
7. Governing Law and Dispute Resolution
Governing Law: This Agreement is governed by and interpreted according to the laws of the State of New York.
Jurisdiction and Venue: Any disputes arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in New York. Both parties consent to the personal jurisdiction of these courts.
Dispute Resolution Process: Parties agree to discuss any disputes within seven (7) days of written notice and attempt in good faith to resolve them within thirty (30) days. If unresolved, either party may pursue legal action.
Attorney's Fees: The non-prevailing party in any legal action shall pay the prevailing party's reasonable attorney's fees and costs incurred.
Waiver of Jury Trial: Both parties waive the right to a jury trial in any litigation arising from this Agreement.
8. Miscellaneous
Assignment: Neither party may assign this Agreement without the prior written consent of the other party.
Notices: All notices must be in writing and sent via overnight courier (UPS/FedEx), USPS mail with return receipt, or email to the addresses provided. Notices are deemed given on the date of sending.
Waiver: Failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any future breach.
Severability: If any provision is deemed invalid or unenforceable, the remaining provisions remain in full force and effect.
Amendments: This Agreement may be amended only in writing by Velocity Sellers. Continued participation in the Referral Program constitutes acceptance of any amended terms.
9. Entire Agreement
This Agreement constitutes the entire agreement between Velocity Sellers and the Referring Party regarding the Referral Program and supersedes all prior agreements or understandings.
10. Acceptance of Terms
By participating in the Referral Program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.